The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-28


government. the audience was largely composed
of attorneys. while there was also liberal
sprinkling OF preachers and physicians. the pro-
fessions being largely represented. Gen. Lew
Wallace was In the throng the court opened.
and the eye Of Judge Woods aiichting upon him,
the distinguished author and soldier,
who is himself lawyer, was
given place upon the judicial
platform at the judges left hand. The jury APP
peared to be in good condition. notwithstand-
ing the heat and their long confinement, and
stirred the air vigorously with their broad palm
leaf fans. while the judge. intent upon their
comfort bad them watered by the marshal at
frequent intervals, the marshal furnishing two
kinds Of water. with ice and without. the latter
being brought in large pitcher from the postofice
pump some of the careful jurors being afraid
Of the element with its temperature so greatly
reduced.
Spans speech. which was given in a stirring
voice. doubtless awakened the echoes of former
campaign in the memory of one OF the audience.
o person who somewhat inebriated. Give
1t TO him. roared the person. His offense ap-
pArenily passed unnotieed, but in a short time
10 was repeated whereupon the Conrt ordered
the marshal TO remove him, and a deputy led
him out by the collar
Mr Howland. before the argument began,
submitted manuscript 10 the Court Whicn. ne
said, contained requests for instructions to the
jury Mr. Sellers then, on behalf of the gov
ernment, opened the argument. He said
MAY il please the court and gentlemen OF
the jury. in the opening statement of this case /
gave 70 you a showing of what the law in this
case was. l will not repeat It. The court will
instruct you as to what the law in this case is.
lssAlso gave general outline OF what the govern
ment expected 20 do. But in this argument /
will show the outines OF the evidence il has
been placed before you. At that time did not,
LzI.a ~ Lar che
Intentionally misstate a single Item of evidence
j appear before you a sworn officer Of the gov
eminent in the discharge of my duty, and you,
for tho time being, are officers of the law and
acting under IL. 1t is our duty To arrive at
the truth. Tho government asks that nothing
else be the result Of this case except just YER
dict be arrived at according TO the law and the
evidence. but 1t asks that at your hands
I'm this case IL was necessary for us TO have
proven certain preliminary steps, and several of
these have been admitted by the defense, thus
saving much time Ia the introduction of proofs
This leaves but two things for you 90 consider
first, there conspiracy, and, second,
these the parties who entered into IT. The law
presurnes a conspiracy If parties attempt the ac-
complis bment of unlawful purpose; but
in this case, fortunately for the government,
are able to prove an EXPRESS conspiracy.
Then that leaves but the question, ard
that is. who were the parties who were part
and Joined int this conspiracy, this undertake
ing 70 violate The laws Of the United Statesi
For the purpose of arriving At the one Question
Us TO who were the parties guilty Of this out
rage desire to rehearse to the jury the several
events in their chronological order they oc-
Cured on the 4th day of November. 1886. Near
ly all the events connected with this conspiracy
were upon that dav One two happened at
other times. tending to show that the conspiracy
was entered into. and most OF them we're on that
day This board of canyassers
largely composed Of members of political
party. IL had It in its power TO elect chair
man. and IL seems that one Simeon Coy had
been very active during the entire canvass
chairman OF one OF the political parties. 1t is
shown by several and by his own admission that
u was by his suggestion that w. r. A Bern
hamer was elected chairman of that board. Now,
II there any fraud intended that was the
time when the frst step must have been taken.
There tyranb earth who
nearly do every thing he desires the chairman
OF meeting with majority of his friends
behind him. There Is no power on earth can
withhold him, except that his friends bs in the
minority, SO far as physical force Is concerned
and he be forciolv elected from the position he
holds. Coy knew this and he 10 was who made
BernhAmer chairman. They proceeded to count
the vote. After getting ready they began the
inspection Of tally papers, poll-bocks md certif
Gates as the law requires. IL seems that among
the very hrst papers one in which there was
discrepancy between the fnlly-sheet and the poll
book. in which the Republican candidate for
county clerk had more votes upon the tally
sheet than were shown upon the certificate. At
that point there was n motion made that there
after during their proceedings If there should be
any discrepancy between those papers, that the
tally sheet should govern. wish call your
attention particularly to the connection In
which this resolution was adopted.
That resolution WAS written out by Mr..
SpAAn and the argument for its adoption was
very skillful one. The resolution not pre-
eeuted by him, for he was not a member of the
board. He was there the paid attorney Of
Mr.. Sullivan, one OF tho defendants. TWAS pre-
scented by friend OF John +. Sullivan written
by his attorney, and adopted. We judge of the
future by the past and II this man Spaan
there to protect the interest of his client aud
cd xious he should have every advantage which
the papers on their face should give HIM, why
should he. without word, have allowed those
votes 10 DO given TO his opponent There must
have been some other purpose. something OF
which he had knowledge and others mad
or they would not have adopted that
rule. Lawyers rule, do not take steps TO
their ciients-this is one of the stems one
Of the mile. stones. that point out the course Of
the cons pirators-one OF the steps that made IL
possible that fraud might be accomplished.
Another dispute arose near the same time. or
possibly few minutes before Beth happened
about the time OF the organization OF the board.
~ seems that by "a mistaken notion some of the
Republican judges had taken the outside papers
aud in these papers had not
been returned 10 the inspectors. The officers
were shere and they did not have their papers
A motion Was made that the sealed bags be sent
Tor IN those cases That motion adopted
ard they We're sent for. just AT that time Mr.
Span again shows tue eleven feot bv rushing TO
the man who made the motion and saying,
W bat IA he'll are you doing that forl IL that
motion carries how are We 20 use the tally
shseisf Hut as 1, had come upon him and upon
the meeting suddenly he had no time TO counter
oct or prevent It's adoption. and the vote of that
one preeiaet was counted from the sealed bag
Immediately after or soon as II couid be
arranged among the inspectors. motion was
made that no more sealed bags should be sent
for. Why was that donel There must have
been some purpos. for IL. and Il must have come
from those who were managing The affairs OF that
board Span, Toy aud Bernhamer
were innAlty counssllne together dining
that entire day Now, / take atthAt motion came
from those men, and was carried hv thai CO. |
vAssIg board under their adxlre The purpose
W ~ 70 prevent the sealed bags that contained
the true result. WAS shown also by tie ont-
side pApers before they were changed. from be-
ing used ln tho c0untlng % hat vote aud the
would eonGna them 10 the tally sheets
d Don which they proposed 20 operate There is
auotaeF milestone. Auoth@rffAet upon which
there Ia nc dispute and which speaks loader than
the evidences Of any one witness.
'sN0w We have the board organized this
ton and resolution adopted. and tbas eanvAssing
board progressed far that these men bad Is
fntrely 10 their power 70 accomplish The nnlaw
Tul purpose they had view. that purpose hAy-